Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-07
DUTY OF THE LEGIsLATURH.
In Case of y Called session. in tho senator
Ial Matter.


iaI Matter.
To hc Eii0r Of Dc Rfgia.r.
The question OF the right or duty Of the
Legislature, in case of a called session, 10
proceed TO the election of "A United States
Senator, where the Governors proclama.
ton omits to specify that a. part Of the
business for which 10 was called, IL, afler
all, an interesting one.
our State Constitution provides (Art. z,
Sec. y: THE Governor may on extIaor-
dinary occasions convene, at his own In
stance, the legislature; hat when 10 con-
vened, IL shall enter upon no business
cTctp that sidisd ~ The proclamation by which
il was called" This IL very plain. Con-
sidercd alone, the provision clearly denies
any right to the Legislature 10 elect Sen
ator in the case supposed. But then, the
Federal Constitution contains this clause
in il art. I, Sec. b: "If vacancies fin the
United States Senate happen by resigg.
ton or otherwise during the recess.o @
Legislature OF any State, Thy, he,.,,n,,.n,.
thereof may make iemporaibeT Il 2rxi.laiurs.
"a'a Tie aeff moa.as inch VACANCIES" Tbi.
a,"n 49, :. '' 'an., plain, indee,I, that venture
40 ma- - ii average judgement considering
!. aiSne, without regard 10 the provision in
the State Constitution will deny any of
the following propositions n fairly arising
from il:
Fir-t-That, II the Legislature should
convene under proclamation of the Gov
ernor (say, in April next, IL would he such
meeting ~ il contemplated by the
provision quoted Note that the term
used is MEETING" very broad and gen
eral one, Including, undoubtedly, q Tegu-
lar, special, called, extra or any other pos
sible kind Of lawful converting Of tho
Legislstue];
aenond---That sncb meeting would be
| "the neIV one affer the vacancy of ths
-eat belonging 10 this State happened;
Third-Tbat any appointment of Scoa-
tor made previously by the Governor
would and could only be an sppointment
"untir' such meeting; and
Fourth-Tbat at such meeting 0f the
Legislature il would be it's clear right and
duty 10 elect q Senator 10 GIL such varapey.
And thus we have the State and federal
constitutions in direct eoafiet-tbe 0oe
declaring that an election cannot he en-
tered into at an extra or called seysiop, m
les the Governor states Il in his pgoclsms-
ton, the other declaring that it can and
must. What In 10 he done In such case
The United States Sapteme Court hss so
repeatedly given answer 10 the question,
In solemn decisions, that IL n known Of MI
meu-tbe federal constitution s supreme,
and the State constitution must give way.
In conclusion, your Weston correspond
ent, "a, Is much mistaken in supposine
that the Legislature can, at called -.
sion, proceed 10 general legislation beyond
and in disregard Of the proclamation Th.
plain language Of the Consultation oeghi
10 satisfy him; but, IL be needs more, ~
, Gr him 70 Cooley's Constitutional Imits'
tons, y. 155. Because Tie provision d
the State Constitution mast give way b
fore The superior mandate q the Psdss
instrument IL no reason why the fofDea
should noe have full play In nastts,
about which the latter docs not speak ~
has no right to speak. OsDss.